Quimby v. the United States

WELCOME TO THE WEBSITE FOR THE CLASS ACTION CASE AGAINST THE VA INVOLVING THE VA’S FAILURE TO PAY YOU NIGHT AND/OR SATURDAY PREMIUM PAY WHEN YOU WENT ON PAID LEAVE FROM SEPTEMBER 5, 1995 TO THE JUNE 30, 2012.

THIS CASE IS CLOSED TO ANY NEW CLAIMS AND TO ANY NEW APPEALS; FINAL REVIEW OF EXISTING APPEALS WILL BE COMPLETED BY JUNE 8, 2015.

THE FINAL DISBURSEMENT INCLUDES ONLY THOSE CLAIMANTS THAT SUBMITTED AN APPEAL AFTER THEIR CLAIM WAS INITIALLY REJECTED DUE TO INSUFFICIENT DOCUMENTATION. THIS DISBURSEMENT WILL BE ISSUED ON A ROLLING BASIS TO ELIGIBLE CLAIMANTS BEGINNING IN LATE FEBRUARY 2016 THROUGH MARCH 31, 2016. WE RECOGNIZE THAT THE APPEALS PROCESS HAS BEEN LENGTHY, BUT THE CLAIMS ADMINISTRATOR WANTED TO ENSURE THAT EVERY APPEAL WAS CAREFULLY CONSIDERED.

Important Updates

Claim Filing Deadline:

February 9, 2010

Initial Disbursement:

Completed

Appeal Filing Deadline:

November 30, 2013

Final Appeal Determination Review:

June 8, 2015

Second Disbursement Date:

TBD

The United States Court of Federal Claims in Washington, D.C. has decided that the VA violated federal pay statutes by failing to pay certain specialized health care employees, who are identified below, nighttime premium pay of 10% or more, and/or Saturday premium pay of 25% or more, whenever they used PAID leave instead of working shifts that they customarily and regularly worked at night, and/or on Saturday, in the situations described in the table below.

Applicable Work Titles

Possible Pay Discrepancies

Valid Time Periods

RNs, Nurse Anesthetists, PAs or EFDAs

25% or more for Weekend Premium Pay

Saturday and/or Sunday shifts that you customarily and regularly worked from September 5, 1995 to September 30, 1997
AND/OR

Saturday shifts (that did not include any Sunday hours) that you customarily and regularly worked from October 1, 1997 until March 30, 2012

Saturday shifts, and/or Sunday shifts that you customarily and regularly worked anytime from September 5, 1995 to September 30, 1997 as long as you were paid weekend premium pay of 25% or more when you worked on Saturdays and/or Sundays
AND/OR

Saturday shifts (that did not include any Sunday hours) that you customarily and regularly worked anytime from October 1, 1997 to January 22, 2002 as long as you were paid weekend premium pay of 25% or more when you worked on Saturdays
AND/OR

On Saturday Shifts (that did not include any Sunday hours) that you customarily and regularly worked anytime from January 23, 2002 to June 30, 2012
AND/OR

On shifts that included any nighttime hours between the hours of 6 p.m. and 6 a.m. (such as on the 2nd or 3rd shifts) that you customarily and regularly worked anytime from September 5, 1995 to the present time as long as you were paid night premium pay of 10% or more when you worked during those hours.

On Saturday shifts, (that did not include any Sunday hours) that you customarily and regularly worked from December 6, 2003 to the present time;
AND/OR

On shifts that included any nighttime hours between the hours of 6 p.m. and 6 a.m. (such as on the 2nd or 3rd shifts) that you customarily and regularly worked anytime from December 6, 2003 to the present time.

This website will be updated periodically with new developments in the Settlement.
Capitalized terms have the same meanings as those used in the Settlement Agreement, a copy of which may be found on this website.

NOTICE: This website provides a summary of the Settlement and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail.